Agmt 94 State of CA DOT Fund Transfer Agmt FTA04A39 Jefferson Ave grade sep

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AGREEMENT NO. FTA04A39 ATTACHMENT II Page 2 of 4 BFP-93-82 April 1, 1994 - Page 2 B. to reimburse to Recipient expenditures that shall not have been paid from the proceeds of any other tax-exempt indebtedness unless such prior indebtedness will be retired with the proceeds of such State monies; C. that this Resolution be a declaration of official intent of the State within the meaning of U.S. Treasury Regulations Section 1.103-17(c) with respect to the Project; D. that this Resolution will be continuously available to the public for inspection during normal business hours at its Commission Office, 1120 N Street, Sacramento, California, commencing not later than two weeks after the adoption of this Resolution; and 2.5 NOW THEREFORE BE IT FURTHER RESOLVED that, in any instance of rail bond financing, an allocation for the Project is subject to the following conditions and assurances: A. completed bond sales authorized by the State Treasurer, B. completed bond certification from the Department,preferably by the time of Commission allocation action but not later than prior to execution of a fund transfer agreement; • C. Recipient certification,delivered to this Commission,preferably by the time of Commission allocation action but not later than prior to execution of a fund transfer agreement,that it will not adopt new or increased development taxes,fees,exactions or permit fees for the purpose of providing local matching funds; D. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission,that when utilizing state funding for acquisition of property or for capital improvements on the Project,Recipient has exercised all due diligence in the discovery of hazardous wastes; that Recipient will enter into enforceable agreement(s) with any and all owners of to-be-acquired properties for clean-up of hazardous wastes pursuant to the requirements of Resolution G-91-2 regarding Hazardous Waste Identification and Clean-up for Rail Right-of-Way; E. Recipient certification, in the form of a formal resolution of its Board delivered to this Commission, that when utilizing state-provided and other-than-state funding for acquisition of property or for capital improvements on the Project, Recipient shall agree to indemnify,defend and hold harmless the State,Department and the Commission from clean-up liability or damage, both present and future; and that no additional State funds will be requested for clean-up,damages, or liability associated with hazardous wastes on or below the acquired property; - F. that in any instance of rail bond financing with Proposition 116 funds, the Proposition 116 Project Application date will be that after which project eligible costs can be incurred, with reimbursement subject to an executed fund transfer agreement;